People v. Emerson
New York Supreme Court
Appeal from court of general sessions, New York county. Herman J. Emerson was indicted and convicted for keeping a room to be used for gambling purposes. From an order overruling a demurrer to the indictment and the judgment thereon defendant appeals. For former opinion in this case, see 5 N. Y. Su’pp. 374. Pen.
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Appeal from court of general sessions, New York county. Herman J. Emerson was indicted and convicted for keeping a room to be used for gambling purposes. From an order overruling a demurrer to the indictment and the judgment thereon defendant appeals. For former opinion in this case, see 5 N. Y. Su’pp. 374. Pen. Code N. Y. § 343: “A person who keeps a room * * * to be used for gambling, or for any purpose or in any manner forbidden by this chapter, or, being the owner or agent, knowingly lets or permits the same to be used, is guilty of a misdemeanor.” Section 344: “ A person who is the…
1Opinion of the CourtVan Brunt, P. J.
The indictment found against the defendant contained five counts. The second and fifth having been withdrawn from the consideration of the jury, it will not be necessary to consider them. The first count was for keeping a room in a certain building in the city of New York to be used for gambling purposes; the third was for selling lottery policies; and the fourth for selling papers or writings in the nature of bets and wagers upon the drawing of numbers of a lottery. Upon being arraigned on said indictment, the defendant demurred thereto, upon the ground that more than one crime is charged in…
2Cases cited4 opinions
- People v. CostelloCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. RyndersNew York Supreme Court · 1834
- People v. StockingNew York Supreme Court · 1866
- Hawker v. . the PeopleNew York Court of Appeals · 1878
3Cited by12 opinions
- People v. TrainorAppellate Division of the Supreme Court of the State of New York · 1901
- People v. WeissAppellate Division of the Supreme Court of the State of New York · 1913
- People v. WillisAppellate Division of the Supreme Court of the State of New York · 1898
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1909
- People v. CucchiaraAppellate Division of the Supreme Court of the State of New York · 1924
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